Mediation – The Pillow Fight of Legal Battles

July 26, 2023

Mediation certainly has a place and sometimes works quite well if both parties are truly interested in resolving a dispute.  In terms of severity, I would consider mediation like the pillow fight of the legal battle realm.  The disputing parties work with a mediator (i.e., a neutral third party) to resolve their disputes.

The mediator supervises the exchange of information and the bargaining process between the two parties with the goal of conflict resolution. They interpret concerns, relay information between the parties, frame issues, and define problems.  The mediator may also offer creative resolutions.

However, keep in mind that mediation is typically not binding until a settlement agreement is executed.  More times than not, there are one or more issues which the parties cannot resolve, which forces them out of mediation and into either arbitration or the courts.

Next week, we will review arbitration.


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